AOS pending,B1/B2 extension denied,Out of status for more than 180days

[JungBahadur 0]

Thank you for your concern.

[WeGuyGal 1,052]

1 hour ago, Californiansunset said:

I didn't say that it will be approved, all I said is that the current B visa is invalid and that he would have to get a new one. Apart from the I-485 filing, B visas are rarely granted after a denied B visa extension. 

I know  

I was agreeing a new application in needed, and speculating odds of approval are slim. 

[JungBahadur 0]

I read somewhere,

 

Immigration Lawyer: Wilton A. Person

The 245(k) benefit allows certain individuals to gain approval of a green card based upon adjustment of status for an employment based green card preference categories despite the fact the person has worked illegally, has been out of status, or violated the technical terms of his or her visa.

 

However, the total period of such violations can not exceed 180 days for the person to be eligible to adjust status. 245k does not provide relief if the person initailly entered the United States illegally or for any other inadmissibility grounds.

 

The purpose of the 245(k) benefit is to prevent the denial of the ability to adjust status based upon nominal technical violations. USCIS assumes that violation exceeding a total of 180 days were inetntional and the 245(k) benefit would not be applicable.

[AtlToBlr 64]

On 3/23/2018 at 12:56 PM, missileman said:

Because I think the vast majority of people who marry on a B2 visa and stay to adjust had intent to do so when they entered the country.  That circumvents the legal process.  Of course, there are no available statistics to prove my argument, but in practical terms, how many people  can come to visit the US  (expecting to be here a short time), suddenly decide to marry someone, then remain here for 4 months....leaving EVERYTHING back home....

 

In my mind, those people who come here and marry on a B2 should have to return to their home country to wait out the CR-1 process....most of us have had to endure the separation....it can be done.

Hey, I see your point as well. But we can't deny that people do come here and decide after coming here as well. 

And that was my point. Its always preferred that someone goes the legal route. But coming here on a temporary visa and adjusting isn't *illegal* per say because adjusting is a legal process. It sucks that people have to go the long route, but every person is different and every situation is different...and therefore I don't think you and I should be passing judgment like that. 

just my 2 cents, not trying to start any trouble

[Crazy Cat 41,886]

1 minute ago, AtlToBlr said:

Hey, I see your point as well. But we can't deny that people do come here and decide after coming here as well. 

And that was my point. Its always preferred that someone goes the legal route. But coming here on a temporary visa and adjusting isn't *illegal* per say because adjusting is a legal process. It sucks that people have to go the long route, but every person is different and every situation is different...and therefore I don't think you and I should be passing judgment like that. 

just my 2 cents, not trying to start any trouble

You're right.  It isn't illegal....i think the law should be changed...why can't those who come to this country via B2 visa just return to their country and get in line with all of us who must wait months and years to have our spouses here?  Why should it matter when the decision was made to marry?  Just my opinion.